Draft:Brian Malone
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Hon J. Brian D. Malone KC is a Canadian lawyer and former judge of the Federal Court of Appeal. He practised law in Calgary, where he worked as an arbitrator[1] and later became chairman of McCarthy Tétrault.[2] In 1987 Ottawa made him its negotiator in the Lubicon Lake Band's land claim in northern Alberta.[3]
Legal career
[edit]By 1984 Malone had handled close to 100 arbitrations, according to the Calgary Herald.[1]
He became managing partner of McCarthy Tétrault's Calgary office in 1991.[2] In January 1995 he was named chairman of the firm, which then had 541 lawyers in eight Canadian offices and one in London and described itself as the largest law firm in Canada. As chairman he was also chief executive and the firm's spokesman, and he had the final say in disputes between its offices. He kept his base in Calgary.[2]
Lubicon Lake negotiations
[edit]Talks between the Lubicon and the federal government had broken down in 1986. In October 1987 Bill McKnight, the Minister of Indian Affairs and Northern Development, appointed Malone as the federal negotiator.[3][4] That month he met with the band's lawyer, James O'Reilly.[5] Negotiations went on through 1988, with the two sides divided over the size of a proposed reserve and over band membership.[6]
In May 1988 the federal government asked the court to declare how much reserve land the Lubicon were entitled to. The Globe and Mail reported that Malone filed the motion.[7]
In January 1989 Malone put a federal settlement offer to the band. Indian and Northern Affairs Canada published his statement along with the terms of the offer.[8]
Judicial career
[edit]Malone was appointed to the Appeal Division of the Federal Court of Canada on 4 November 1999.[9] He remained a judge of the Federal Court of Appeal until September 2007.[10]
References
[edit]- 1 2 Schuler, Dick (24 April 1984). "Arbitration lawyers settle in for big year". Calgary Herald. p. 17.
- 1 2 3 Simaluk, Vern (27 January 1995). "Ed Tel sale to AGT last straw for Shaw cable". On the Street. Calgary Herald. p. D6.
- 1 2 Lowey, Mark (6 October 1987). "Calgary lawyer gives hope for Lubicon deal". Calgary Herald. p. 1.
- ↑ "New hope for settlement". Calgary Herald. 7 October 1987. p. 4.
- ↑ Booth, Karen (14 October 1987). "Lubicon talks may resume next month, lawyer says". Edmonton Journal. p. B4.
- ↑ "Federal govt. set for Lubicon talks". Ottawa Citizen. Canadian Press. 2 November 1988. p. A5.
- ↑ Platiel, Rudy (18 May 1988). "Ottawa goes to court in Lubicon dispute". The Globe and Mail. p. 12.
- ↑ "Statement by Brian Malone federal negotiator to the Lubicon Lake land claim negotiations". Indian and Northern Affairs Canada. 24 January 1989. Retrieved 16 September 2026.
- ↑ "Changes in the Court" (PDF). Canada Federal Court Reports. 4 (3). Federal Court of Canada. 1999. Retrieved 16 September 2026.
- ↑ "Former Judges". Federal Court of Appeal. Retrieved 16 September 2026.